General Terms and Conditions of Purchase of KMU LOFT Cleanwater SE

§ 1 General, Scope

(1) These General Terms and Conditions of Purchase (AEB) apply to all transactions involving the delivery of goods and the provision of services and work to KMU LOFT Cleanwater SE (hereinafter referred to as "KLC" or "we") by the supplier, contractor or service provider (hereinafter referred to as "seller").  

(2) The AEB apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter also referred to as "goods"), regardless of whether the seller manufactures the goods itself or purchases them from suppliers (§§ 433, 650 BGB). The AEB also apply to future transactions for the delivery of goods and the provision of services and work with or by the same seller, without us having to refer to them again in each individual case.

(3) These AEB apply exclusively. The seller's general terms and conditions shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if we accept the seller's deliveries without reservation or make (purchase price) payments to the seller in the knowledge of the seller's general terms and conditions.

(4) Individual agreements made with the seller in individual cases (including side agreements, supplements and amendments) shall in any case take precedence over these AEB. A written contract or our written confirmation shall be decisive for the content of such agreements.

(5) Legally relevant declarations and notifications to be made to us by the seller after conclusion of the contract (e.g. setting of deadlines, reminders, declarations of withdrawal) must be made in writing to be effective.

§ 2 Conclusion of the Agreement

(1) Our order is only binding if it is made by us in writing or confirmed in writing, whereby the text form in accordance with § 126b BGB (German Civil Code) is sufficient.  

(2) The seller must notify us of any obvious errors (e.g. typing and calculation errors) and omissions in the order, including the order documents, for the purpose of correction or completion prior to acceptance; otherwise, the contract shall be deemed not to have been concluded.

(3) The seller is required to confirm our order in writing within a period of 5 working days (acceptance). The delivery contract shall only come into effect upon this order confirmation. We are entitled to revoke the offer until it is accepted, unless our orders are expressly designated as binding. The date of receipt of the confirmation by us shall be decisive for timely acceptance. Delivery calls shall become binding if the seller does not object within five working days of receipt.

§ 3 Delivery time and delay in delivery  

(1) The delivery date specified by us in the order is binding. If the delivery date is not specified in the order and has not been agreed otherwise, the seller must deliver within 2 weeks of conclusion of the contract in accordance with § 2 above. The date of receipt of the goods at the place of delivery specified by us shall be decisive for compliance with the delivery date or delivery period.

(2) The seller is obliged to inform us immediately in writing if he is unable to meet the agreed delivery times for any reason whatsoever. This does not exclude the assertion of claims for damages caused by delay, nor does it exclude the acceptance of the delayed delivery or service at a later date.

(3) If the seller is in default, we may demand a contractual penalty of 1% of the net price per completed calendar week, but not more than 5% of the net price of the goods delivered late. We shall be entitled to demand the contractual penalty in addition to performance and as a minimum amount of compensation owed by the seller in accordance with the statutory provisions; the assertion of further claims for damages shall remain unaffected. If we accept the delayed performance, we shall assert the contractual penalty at the latest with the final payment.

§ 4 Performance, delivery, transfer of risk, default of acceptance

(1) The seller is not entitled to have the service owed by him performed by third parties (e.g. subcontractors) without our prior written consent. The seller bears the procurement risk for his services, unless otherwise agreed in individual cases (e.g. sale of goods in stock).

(2) Delivery shall be made within Germany DAP (INCOTERMS 2020) to the location specified in the order. If the destination is not specified and nothing else has been agreed, delivery shall be made DAP 72768 Reutlingen-Altenburg (INCOTERMS 2020). The respective destination is also the place of performance (obligation to deliver).

(3) The delivery must be accompanied by a delivery note stating the date (issue and dispatch), the contents of the delivery (item number and quantity) and our order reference (date and number). If the delivery note is missing or incomplete, we shall not be responsible for any resulting delays in processing and payment.

(4) Partial deliveries are only permitted with our consent. In such cases, the remaining quantity must be stated on the delivery note. Partial deliveries accepted by us without objection but not requested in writing may not be separated, but must be invoiced together with the remaining delivery. Partial deliveries must be clearly marked as such on the delivery note.

(5) The risk of accidental loss and accidental deterioration of the goods shall pass to us upon delivery to the place of performance in accordance with paragraph 2 above. If acceptance has been agreed, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall apply accordingly in the event of acceptance. Delivery or acceptance shall be deemed to have taken place if we are in default of acceptance.

(6) The statutory provisions of the German Civil or Commercial Code shall apply to the occurrence of our default of acceptance. However, the seller must expressly offer us his performance even if a specific or determinable calendar period has been agreed for an action or cooperation on our part (e.g. provision of material). If we are in default of acceptance, the seller may demand compensation for his additional expenses in accordance with the statutory provisions (Section 304 German Civil Code). If the contract relates to a non-fungible item to be manufactured by the seller (custom-made item), the seller shall only be entitled to further rights if we have undertaken to cooperate and are responsible for the failure to cooperate.

§ 5 Prices and terms of payment

(1) The price stated in the order is binding. All prices are exclusive of the statutory value added tax applicable at the time of performance.

(2) Unless otherwise agreed in individual cases, the price includes all services and ancillary services provided by the seller (e.g. assembly, installation) as well as all ancillary costs (e.g. proper packaging, transport costs, including any transport and liability insurance).  

(3) Invoices must be submitted with all relevant documents and data after delivery in digital form by email to fibu@kmu-loft.de. They must contain our part designation, the number of packaging units, the number of items invoiced, gross and net weights, the date of the order and our order number. If certificates of material testing have been agreed, these form an integral part of the delivery and must be sent to us together with the invoice at the latest.

(4) Unless expressly agreed otherwise, the agreed price shall be due for payment within 30 calendar days of complete delivery and performance (including any agreed acceptance), receipt of a proper invoice including – if agreed – the material test certificates. If we make payment within 14 calendar days, the seller shall grant us a 3% discount on the net amount of the invoice. In the case of bank transfer, payment shall be deemed to have been made on time if our transfer order is received by our bank before the expiry of the payment period; we shall not be responsible for delays caused by the banks involved in the payment process.

(5) We shall not owe any interest on account of default. The default interest shall be 5 percentage points above the respective base interest rate per annum. The statutory provisions shall apply to the occurrence of our default, whereby, in deviation from this, a written reminder from the seller shall be required in any case.

§ 6 Offsetting - rights of retention

(1) We are entitled to set-off and retention rights and to the defence of non-performance of the contract to the extent permitted by law. In particular, we are entitled to withhold due payments as long as we still have claims against the seller for incomplete or defective services.

(2) The seller shall only have a right of set-off or retention on the basis of legally established or undisputed counterclaims. The assignment or pledging of claims shall only be permitted with our prior written consent.

§ 7 Packaging and shipping regulations

(1) The seller must comply with statutory packaging requirements and, where expressly agreed, with our packaging specifications. In the absence of specific specifications, the seller must package the goods in such a way that they arrive at our premises undamaged in accordance with the chosen means of transport. If the seller deviates from this, all resulting costs, damages, etc. shall be borne by the seller. Packaging material must be taken back by the seller at our request.

(2) Our order references must be clearly visible on the packaging. Advertising material must not be enclosed.

(3) The goods must be accompanied by the required delivery documents. In particular, a delivery note must be enclosed with every delivery. The items must be listed on the delivery note and invoice in the same order as in the order. The shipment must be accompanied by the corresponding delivery note without price indication or, if requested by us, the invoice. The number of shipping units comprising the entire shipment must be indicated. The package containing the delivery note must be clearly marked.

(4) Direct shipments to our customers may only be made with our prior consent and in our name.

§ 8 Retention of title

(1) Any processing, mixing or combination (further processing) of items provided by the seller shall be carried out on our behalf. The same applies to further processing of the delivered goods by us, so that we are considered the manufacturer and acquire ownership of the product at the latest upon further processing in accordance with the statutory provisions.

(2) The transfer of ownership of the goods to us must take place unconditionally and regardless of payment of the price. However, if, in individual cases, we accept an offer of transfer of ownership by the seller conditional upon payment of the purchase price, the seller's retention of title shall expire at the latest upon payment of the purchase price for the delivered goods. In the ordinary course of business, we shall remain authorised to resell the goods even before payment of the purchase price, subject to advance assignment of the claim arising therefrom (alternatively, the simple retention of title extended to the resale shall apply). This excludes all other forms of retention of title, in particular extended retention of title, transferred retention of title and retention of title extended to further processing.

§ 9 Assurance of characteristics – quality testing and assurance

(1) The technical specifications, properties and standards specified in our orders are an integral part of the contract and describe the quality owed by the seller. They also apply to repeat orders, order changes and additions. If the seller has reservations about the type of execution requested by us, he must notify us of these reservations in writing without delay. In addition to the quality agreements made, the goods must be suitable for the intended and customary use specified.  

(2) In the case of orders based on samples, the delivery and performance must correspond to the specifications, properties and standards of the sample.

(3) We shall be entitled to inspect the material procured by the seller for the fulfilment of the order, the manufacturing process and the goods ready for delivery at the seller's premises, at its suppliers' and subcontractors' premises or to have them inspected by third parties.

(4) Irrespective of the above conditions, the seller shall be responsible for continuously checking the quality of its deliveries and services, maintaining an appropriate quality assurance system and providing us with the relevant records upon request. The seller shall carry out quality assurance measures appropriate to the type and scope of the goods and in accordance with the latest state of the art and shall provide us with evidence of this upon request. The seller shall, to the extent we deem necessary, conclude a corresponding quality assurance agreement ("QSV") with us. If we have concluded a QAA with the seller, its provisions shall take precedence over the provisions of these AEB in the event of any contradictions.

(5) Unless otherwise agreed, the seller is obliged to label its delivery items in such a way that they are permanently recognisable as its products. The seller guarantees that the necessary CE marking will be affixed prior to delivery.

§ 10 Warranty claims

(1) Unless otherwise specified below, the statutory provisions shall apply to our rights in the event of material defects and defects of title in the goods (including incorrect and short delivery as well as improper assembly, defective assembly, operating or operating instructions) and in the event of other breaches of duty by the seller.

(2) In accordance with statutory provisions, the seller is liable in particular for ensuring that the goods have the agreed quality at the time of transfer of risk to us. In addition to Section 9, product descriptions that are the subject of the respective contract – in particular through designation or reference in our order – or that have been incorporated into the contract in the same way as these General Terms and Conditions of Purchase shall also be deemed to be an agreement on quality. It makes no difference whether the product description originates from us, the seller or the manufacturer.

(3) Notwithstanding Section 442 (1) sentence 2 of the German Civil Code (BGB), we shall also be entitled to claims for defects without restriction if the defect was unknown to us at the time of conclusion of the contract as a result of gross negligence.

(4) The statutory provisions (§§ 377, 381 HGB) apply to the commercial obligation to inspect and give notice of defects, with the following proviso: Our obligation to inspect is limited to defects that become apparent during our random sample inspection of incoming goods, including an external inspection and a check of the delivery documents and the delivery for completeness (e.g. transport damage, incorrect or incomplete delivery). If acceptance has been agreed, there is no obligation to inspect. If the seller has undertaken to carry out its own outgoing goods inspection for quality assurance purposes, we are only obliged to report obvious defects, but not to inspect the goods. Our obligation to give notice of defects discovered later remains unaffected. In all cases, our complaint (notification of defects) shall be deemed to have been made immediately and in good time if it is received by the seller within ten (10) working days of the defect being discovered.

(5) If a defect becomes apparent within the first six months after the transfer of risk, it shall be presumed that the item was already defective at the time of transfer of risk.

(6) The costs incurred by the seller for the purpose of inspection and rectification (including any removal and installation costs) shall be borne by the seller even if it transpires that there was in fact no defect. In the event of an unjustified request to remedy a defect, we shall only be liable to the extent that we recognised or, through gross negligence, failed to recognise that there was no defect at the time of the request.

(7) If the seller fails to fulfil its obligation to remedy the defect – at our discretion by rectifying the defect (repair) or by delivering a defect-free item (replacement delivery) – within a reasonable period set by us, we may remedy the defect ourselves and demand reimbursement of the necessary expenses or a corresponding advance payment from the seller. If the subsequent performance by the seller has failed or is unreasonable for us (e.g. due to particular urgency, danger to operational safety or the imminent occurrence of disproportionate damage), no deadline shall be set; we shall inform the seller of such circumstances immediately, if possible in advance.

(8) In all other respects, we shall be entitled to reduce the purchase price or withdraw from the contract in accordance with the statutory provisions in the event of a material defect or defect of title. In addition, we shall be entitled to compensation for damages and reimbursement of expenses in accordance with the statutory provisions.

§ 11 Supplier recourse

(1) We are entitled to our statutory rights of recourse within a supply chain (supplier recourse pursuant to Section 445a of the German Civil Code (BGB) and the special provision of Section 478 BGB) without restriction in addition to our claims for defects. In particular, we shall be entitled to demand from the seller the type of subsequent performance (repair or replacement) which we owe to our customer in the individual case. Our statutory right of choice (Section 439 (1) BGB) shall not be restricted by this.

(2) Before we acknowledge or fulfil a claim for defects asserted by our customer (including reimbursement of expenses in accordance with Sections 439 (2) and (3) of the German Civil Code (BGB)), we shall notify the seller and request a written statement, briefly explaining the facts of the case. If no statement is made within a reasonable period of time and no mutually acceptable solution is reached, the claim for defects actually granted by us shall be deemed to be owed by us to our customer; in this case, the seller shall bear the burden of proof to the contrary.

(3) Our claims against suppliers shall also apply if the goods have been further processed by us or one of our customers before being sold to a consumer, e.g. by being incorporated into another product.

§ 12 Product safety – producer liability – insurance cover

(1) The seller guarantees that the goods delivered by him comply with all relevant national and European legal regulations with regard to product safety. We shall receive the necessary documents, such as the declaration of conformity or manufacturer's declaration, at the latest with the invoice. The necessary technical documentation in accordance with the Machinery Directive, in particular safety instructions, hazard information, technical data sheets and assembly instructions, must be included with the delivery. If necessary, this documentation shall be provided in the language of the country to which we deliver.

(2) If the seller is responsible for product damage, they shall indemnify us against third-party claims to the extent that the cause lies within their sphere of control and organisation.

(3) As part of his indemnification obligation, the seller shall reimburse expenses in accordance with Sections 683 and 670 of the German Civil Code (BGB) arising from or in connection with claims by third parties, including recall campaigns carried out by us. We shall inform the seller of the content and scope of recall measures as far as possible and reasonable and give him the opportunity to comment. Further legal claims remain unaffected.

(4) Unless expressly agreed otherwise, the seller shall take out and maintain product liability insurance with a lump-sum coverage of at least EUR 5.0 million per personal injury/property damage.

§ 13 Confidentiality – rights to documents

(1) KLC shall be the sole owner of all property rights and copyrights to illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents. Such documents shall be used exclusively for the contractual performance and returned to us upon completion of the contract.  

(2) The above provision shall apply mutatis mutandis to substances and materials (e.g. software, finished and semi-finished products) as well as to tools, templates, samples and other items that we provide to the seller for production. Such items shall be stored separately at the seller's expense and insured against destruction and loss to an appropriate extent, unless they are processed.

(3) The seller is obliged to keep all illustrations, drawings, calculations and other documents, information and items received strictly confidential. They may only be disclosed to third parties with our written consent.

(4) The seller may only deliver items which he manufactures or develops according to our specifications or using the documents provided by us to third parties with our written consent.

(5) The seller shall maintain confidentiality towards third parties regarding the content of orders placed with us, in particular regarding prices and quantities. All documents provided by us (e.g. drawings, samples, etc.) and the goods manufactured on the basis thereof may not be passed on to third parties or used for advertising for own or third-party purposes without our consent. Unless otherwise agreed, they must be returned at the latest with the last delivery.

(6) Samples, drawings, standard sheets, printing templates, gauges, tools, as well as the goods manufactured on the basis thereof, may not be passed on to third parties or used for advertising purposes or for the seller's own purposes without our written consent. They must be secured against unauthorised access or use. Unless otherwise agreed, they must be returned to us in usable condition at the latest with the final delivery. Violations shall entitle us to full compensation and to withdraw from the contract in whole or in part without further notice and without compensation.

(7) Our company names and trademarks shall be affixed to the goods provided by us at our request. The goods marked in this way may only be delivered to us. Accordingly, the company name and trademark labels shall be removed from the goods returned to the seller for free disposal.

(8) The above confidentiality obligations shall also apply after the contract has been fulfilled. They shall expire – subject to any other rights to which we are entitled – at the earliest when and to the extent that the manufacturing knowledge contained in the illustrations, drawings, calculations and other documents provided has become generally known, but at the latest after expiry of 3 years after termination of the business relationship with the supplier.

(9) If a separate confidentiality and/or non-disclosure agreement has been concluded with the seller, this shall take precedence over the provisions of this section.

§ 14 Provision of goods and production equipment

Goods provided by us, as well as models, dies, templates, samples, tools and other production equipment, shall remain our property. The processing or transformation of such goods by the seller shall be carried out on our behalf. Production equipment may not be used for deliveries and services to third parties. Provided material remains our property, even if it is invoiced. Its use is only permitted for our orders. The processing or transformation of the provided material shall be carried out on our behalf. We shall immediately become the owner of the new item.

§ 15 Special provisions for contracts for work and services

For contracts for work and services to which the  provisions on contracts for work and services of the German Civil Code apply, the following provisions shall apply in addition to the provisions of the AEB. Insofar as the provisions of the AEB conflict with the following provisions, the following provisions shall take precedence:

(1) Acceptance: Acceptance of the work performed shall take place upon completion. Partial acceptance shall not take place. A report shall be drawn up on the acceptance, which shall be signed by both parties. If the work performed is not in accordance with the contract, KLC may refuse acceptance. If acceptance is made subject to the removal of defects to be specified in the report, the seller shall be obliged to immediately perform the work in accordance with the contract and to remove the defects, to notify the customer of the expected duration of the removal of the defects and to notify the customer of the completion of the rework.

(2) Changes in performance: KLC shall be entitled to demand changes to the content and scope of the work to be performed. If the changes are not insignificant, the seller shall determine the time delays and additional expenses resulting from the desired changes, and the parties shall agree on a corresponding amendment to the contract. If the parties cannot reach an agreement, the seller shall be entitled to reject the request for changes. The seller shall not be entitled to claim additional remuneration for changes in performance for which KLC is not responsible. All changes in performance shall be regulated in a written supplementary agreement prior to the start of execution, in which the additional remuneration and any changes to the schedule shall be recorded.

(3) Warranty: The seller shall be liable for material defects and defects of title in accordance with the provisions of the German Civil Code (BGB) for contracts for work and services.

(4) Termination: KLC is entitled to exercise its right of termination at any time in accordance with Section 648 sentence 1 of the German Civil Code (BGB).

§ 16 Execution of work

Persons who carry out work on KLC's premises in fulfilment of the contract must observe the provisions of the respective operating regulations. Liability for accidents that occur to these persons on the premises is excluded, unless they were caused by intentional or grossly negligent breach of duty by our legal representatives or vicarious agents.

§ 17 Period of Limitation

(1) The mutual claims of the contracting parties shall become time-barred in accordance with the statutory provisions, unless otherwise specified below.

(2) Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims for defects is 3 years from delivery to us. If acceptance has been agreed, the limitation period shall commence upon acceptance. In the event of legal defects, a limitation period of 10 years from the transfer of risk shall apply.

(3) For parts that have been repaired or replaced, the limitation period shall commence anew upon repair or replacement. For parts that are not in operation during a defect inspection and/or the rectification of defects, the current limitation period shall be extended by the period of the interruption in operation.

(4) The limitation period for our warranty claims shall be suspended until the seller who is investigating the existence of a defect informs us of the result of this investigation and rejects the warranty claims or declares the defect to have been remedied or provides a remedy. The limitation period for our claims shall commence at the earliest three months after the end of the suspension.

(5) The limitation periods of the law on sales, including the above extension, shall apply – to the extent permitted by law – to all contractual claims for defects. Insofar as we are also entitled to non-contractual claims for damages due to a defect, the regular statutory limitation period (§§ 195, 199 BGB) shall apply, unless the application of the limitation periods under sales law leads to a longer limitation period in individual cases. 

§ 18 Third Party Intellectual Property rights

(1) The seller shall be liable in accordance with paragraph 2 for ensuring that the products it delivers do not infringe any property rights of third parties in countries of the European Union or other countries in which it manufactures the products or has them manufactured.

(2) The seller is obliged to indemnify us against all claims asserted against us by third parties due to the infringement of industrial property rights referred to in paragraph 1 and to reimburse us for all necessary expenses in connection with this claim. This shall not apply if the seller proves that it is not responsible for the infringement of property rights and could not have been aware of it at the time of delivery despite exercising due commercial care.

(3) Our further legal claims for defects in title to the products delivered to us remain unaffected.

§ 19 Spare parts

(1) The seller is obliged to keep spare parts for the products delivered to us for a period of at least 10 years after delivery of the specific product.

(2) If the seller intends to discontinue the production of spare parts for the products delivered to us, it shall notify us immediately after the decision to discontinue production. Subject to paragraph 1, this decision must be made at least 9 months before the discontinuation of production.

§ 20 Compliance with REACH, RoHS and other legal requirements

(1) The seller warrants that the goods delivered by him comply with the applicable official and statutory requirements of a national and international nature for placing on the market in the European Union and the European Economic Area. He shall prove conformity to us on request by submitting suitable documents.

(2) The seller undertakes to comply with the applicable official and statutory environmental regulations of a national and international nature in its deliveries, in particular the Hazardous Substances Ordinance, the REACH Regulation (Regulation EC No. 1907/2006), the German Electrical and Electronic Equipment Act (ElektroG) as the national implementation of Directive 2002/95/EC (RoHS) and Directive 2002/96/EC (WEEE), etc.

(3) The seller specifically warrants that the products it delivers do not contain any substances from the currently applicable "candidate list" in accordance with Art. 59 (1, 10) of Regulation (EC) 1907/2006 ("REACH"). The seller undertakes to inform KLC immediately in writing if, for any reason whatsoever, the products delivered by him contain substances on the candidate list; this applies in particular in the event of the candidate list being extended or supplemented. The seller shall name the individual substances and specify their mass percentage as accurately as possible. KLC is not obliged to accept products that contain substances on the candidate list.

(4) The seller is obliged to provide KLC with all information within the meaning of Section 1502 of the Dodd-Frank Act regarding the use and origin of conflict materials within the meaning of the Dodd-Frank Act in the goods delivered by the seller.

(5) The seller also undertakes to inform KLC immediately of any relevant changes to the goods, their deliverability, usability or quality resulting from the above provisions and to agree on appropriate measures with KLC in individual cases.

§ 21 Written Form

(1) All amendments and supplements to these AEB and any waiver of their validity must be made in writing. This also applies to any waiver of the written form requirement.

(2) Individual agreements made with the seller in individual cases (including side agreements, supplements and amendments) shall in all cases take precedence over these AEB. A written contract or our written confirmation shall be decisive for the content of such agreements.

(3) Legally relevant declarations and notifications to be made to us by the seller after conclusion of the contract (e.g. setting of deadlines, reminders, declarations of withdrawal) must be made in writing to be effective; email is sufficient to comply with the written form requirement. The same applies to delivery schedules and changes thereto. Delivery schedules may also be made by remote data transmission or by fax.

§ 22 Severability clause

Should one or more provisions of these AEB or parts of a provision be invalid, this shall not affect the validity of the remaining provisions or the contract as a whole. In accordance with the case law of the Federal Court of Justice, according to which a severability clause merely leads to a reversal of the burden of proof, it is nevertheless the express intention of the parties to maintain the validity of the remaining provisions of these AEB under all circumstances. The parties undertake to agree by mutual consent on an effective provision to replace the invalid provision which comes closest to the economic purpose of the invalid provision. The above provisions shall apply mutatis mutandis in the event of a loophole.

§ 23 Choice of law and place of jurisdiction

(1) These AEB and all legal relationships between us and the seller shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.  

(2) The exclusive – including international – place of jurisdiction for all disputes arising from the contractual relationship or in connection with its creation or termination is the Regional Court of Tübingen. However, we are also entitled to bring an action at the general place of jurisdiction of the seller.

In case of contradictions between the German and the English version, the German version shall prevail.

KMU LOFT Cleanwater SE, October 2025